Original story here:

http://www.bramptonguardian.com/news/cityhall/article/623570–city-hires-pitbull-lawyer

Text of story below:

City hires pitbull lawyer

February 24, 2010

The City of Brampton has hired a Toronto lawyer to help defend the seizure of two dogs last month.

Barnet Kussner of the firm Weirfoulds is on the case for the city, and that has one of the canines’ owners feeling like the underdog.

“Personally, I feel like it’s David versus Goliath,” said Rui Branco, whose family owns Brittany, one of two dogs held by the city since Jan. 13. Weirfoulds specializes in advisory work for municipal and other governments in all areas including contracts, land use planning and development.

Branco said with no other option to try to get the dogs home, he will take the city to court, but no one will win because he has to pay his own legal bills, and, as a resident of Brampton, his tax money will also be used to pay for the city’s lawyer.

“The taxpayers lose. I lose, being a taxpayer and also paying for my attorney. Most of all, the poor dogs lose because they are in captivity throughout the proceedings, which I understand can take months.”

Branco and Maria Gaspar, whose family owns Rambo, insist the dogs are boxer/American bulldog crosses, but the city has labelled them pitbulls and taken them from their separate homes. The families have not been allowed to visit them at the animal shelter.

Branco is concerned about the dogs’ health and well-being because they are being kept away from their families and kept in cages.

“I don’t care how much walking or attention the shelter or city says those dogs are getting, they have to be locked up because of liability issues and manpower issues at least 22 hours a day,” Branco said.

The families say a city Animal Control Officer seized the dogs without a warrant, adding they were intimidated into turning over the dogs when police arrived on Branco’s doorstep.

Attorney General spokesperson Brendan Crawley pointed to the Dog Owner’s Liability Act (DOLA) on the issue of seizure. The DOLA indicates a warrant is needed to seize a dog from a home. Seizure without a warrant is possible only if “… it would be impracticable to obtain a warrant because of exigent circumstances…exigent circumstances include circumstances in which the peace officer has reasonable grounds to suspect that entry into any building, receptacle or place, including a dwelling house, is necessary to prevent imminent bodily harm or death to any person or domestic animal.”

Dogs can also be seized in a public place under DOLA:

www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90d16_e.htm.

Copyright 2010, Brampton Guardian.

There’s also some good advice on writing a letter to the editor.

Please read the story and then write letters to the mayor and the city councillors.  Here are their e-mail addresses:

Mayor Ms. Susan Fennell mayor@brampton.ca

Mr. Grant Gibson grant.gibson@brampton.ca

Ms. Elaine Moore elaine.moore@brampton.ca

Mr. John Hutton john.hutton@brampton.ca

Mr. Paul Palleschi paul.palleschi@brampton.ca

Mr. Bob Callahan bob.callahan@brampton.ca

Mr. John Sanderson john.sanderson@brampton.ca

Ms. Sandra Hames sandra.hames@brampton.ca

Ms. Gael Miles gael.miles@brampton.ca

Mr. Vicky Dhillon vicky.dhillon@brampton.ca

Mr. John Sprovieri john.sprovieri@brampton.ca

If it is possible for you to send a fax or a physical letter, you may be able to avoid some of the e-mail filtering that is often implemented in cases like this.

Mayor Fax:  905-874-2620
All Councillors Fax: 905-874-2644

City Hall address is:

Brampton City Hall
City Clerk’s Office
2 Wellington Street West
Brampton, Ontario  L6Y 4R2

The original story is from the Brampton Guardian at:

By PAM DOUGLAS

Rambo wasn’t hurting anyone.

No one had complained about the young dog, he hadn’t escaped 75-year-old Maria Gaspar’s Vodden Street yard, and he had never bitten anyone.

But Rambo and his sister, Brittany, are on death row at the City of Brampton’s Animal Shelter right now while their owners are embroiled in a battle to get their beloved pets back before they are euthanized. The deadline- Feb. 5.

Both dogs were seized from separate homes on Jan. 13 by city animal control officials who said they believed the dogs to be pitbulls.

Their owners say that’s not true, and both say they have proof from veterinarians tracing their backgrounds as boxers/American bulldogs.

The city’s veterinarian has a conflicting opinion, according to a letter sent to the Branco family, who own Brittany.

Gaspar is heartbroken. The senior citizen can’t understand why Rambo was seized. She said the confusing part is, the city has licensed Rambo as a boxer/American bulldog cross for the past two years. His vaccination certificate from North Town Veterinary Hospital classifies his breed as a boxer cross. And, no one who has seen the dog has ever thought he was a pitbull, according to the distraught Gaspar.

The city told Gaspar that no one had complained about Rambo. He had not escaped the back yard. If anything, he made passersby laugh the way he would jump up onto the roof of his dog house to look over the fence, she said.

But it was that quirky little habit that led to him being removed from his home and held by the city under threat of euthanasia.

A passing animal control officer spotted Rambo on his perch in December, looking over the six-foot fence, and told Maria Gaspar she had to move the doghouse because Rambo could escape. Gaspar agreed, but then the issue of Rambo’s breed came up. She was told to get a letter from her veterinarian attesting to the dog’s breed, and to have him neutered. Gaspar said she got the required letter, and an estimate for neutering, and gave both to the city.

In response, the city sent a letter telling Gaspar there is no completed certificate from a veterinarian, and that “Rambo has been confirmed to be a pitbull by his parentage as well as the characteristics as defined in the City of Brampton Dog By-law…”

The bylaw defines a pitbull as a pitbull terrier, Staffordshire bull terrier, American Staffordshire bull terrier, American pitbull terrier, or “a dog that has an appearance and physical characteristics that are substantially similar to those dogs.”

“It’s not, it’s not pitbull,” said Gaspar emphatically, struggling for the English words to describe her upset. She can’t talk about Rambo without crying.

“This problem is like a son problem,” she said, emphasizing how important Rambo is to her. “Now, I no have dog, I no have money, I no have nothing… It’s not fair.”

They can’t fight the city because her family doesn’t have any money for a lawyer, she said, but Rui Branco is taking on the fight for both dogs.

His family owns Brittany, and they are in a similar predicament. Like Rambo, there were no complaints or allegations of biting against Brittany. The licence for Brittany’s father, Tyson, was due for renewal, and an animal control officer went to the Branco’s house to collect the $20. She was told Tyson was given away to a friend, but that’s when the issue of Brittany’s lineage arouse, according to Branco.

He has hired a lawyer who is preparing to file a motion in court to get the dogs back.

“This is an injustice,” Branco said, pointing out how ironic it is that he will not only have to pay a lawyer to fight for his family’s dog, but, as a resident of Brampton, he will also contribute to the cost of defending the city.

Tyson, also Rambo’s father, was also licensed by the city at one time, although Branco said the family did not realize the city had classified him as a pitbull, especially since he was born in December 2005, one full month after the grace period for owning a pitbull. If he was a pitbull, Branco said, the city should not have issued a licence to him at all. But, he says, the real mistake was labeling him a pitbull in the first place.

He has the microchip paperwork for Tyson, and a veterinarian’s letter, stating, “He is in my opinion a healthy and well-socialized pet and is a cross between an American Bulldog and a Boxer.”

A second veterinarian, Dr. David Kirkham of the Cheltenham Veterinary Centre, has added a letter stating Brittany’s mother, Jersey, is “unquestionably a purebred boxer.”

“I don’t understand why they are fighting me so hard on this,” he said. “Brittany doesn’t look anything like a pitbull.”

The Branco’s said the city did not have a warrant to seize Brittany when they arrived on Jan. 13, and Rui’s brother, John, confronted the city worker, who then called for backup. Several police officers and other city animal control officials arrived, and, ultimately, the dog was handed over. However, the Branco’s argue they were intimidated into willingly turning over their pet and feel proper procedure (a warrant) was not followed.

For their part, the city is considering four charges against the Branco family- owning a pitbull born after Nov. 29, 2005 in relation to Brittany and in relation to Tyson, failing to licence a pitbull, transferring a pitbull without consent of the poundkeeper and permitting a pitbull to breed.

The Gaspar family faces one charge of owning a pitbull.

© Copyright 1996 – 2007 Metroland Media Group Ltd.

A couple of comments..

The Dog Legislation Council of Canada is offering a Canine Good Neighbor Day at the Beeton Fair September 19th, 2009.

Canadian Kennel Club certificate test – conducted by a CKC CGN Evaluator. Fee for CGN is $35.00 per dog.

Saturday, September 19th 2009 – testing will be held on the grounds at the Beeton Fair.

This test is available to purebred and non-pure bred dogs. There will be an entrance fee to gain access to the Fairgrounds. Please keep your dogs leashed to comply with municipal bylaws at all times.

For more information about the CGN testing criteria please contact Lori Gray dlccevents@gmail.com

The Town of New Tecumseth offers a half price reduction to dog tag costs for dogs with a Canine Good Neighbour Certificate.

Directions:

From Hwy 400, go north to exit hwy 88 to Bond Head. Go west to Bond Head to stoplight at hwy 27th. Turn north to 8th line 1.5 km. Turn left or west toward Beeton 8.8km. You will now be on the Main St of Beeton. At 2nd St N in Beeton, turn right or north to Prospect St. You will be at the fairgrounds in Community Park.

Pre-book CGN testing by contacting dlccevents@gmail.com

Dogs must be 6 months of age or older

Following a day of canvassing,  Leader Tim Hudak, Sue-Ann
Levy, Party Executive, PC Caucus, volunteers, families, and friends of
the Ontario PC Party had their
annual volunteer BBQ.

Here are some comments from our member who was there…

Thanks for the report Bryan and thanks for mascot duty Abby!

Remember to begin researching which party has the best chance of beating the Liberal in your riding for the next provincial election (Oct 2011). The countdown is on! If the next election is likened to a game of bowling, we are long over due for a strike to knock those Fiberal pins out of the way and get this province back on track!! Time to restore the sanity.

Good luck to Sue-Ann Levy this Thursday! Paws crossed for you..

I haven't used PowerPoint for years, so it's kind of basic.  Any and all suggestions/tips welcome!

The city has impounded yet another dog based on the belief it is a banned breed in Ontario and must be euthanized.

A complaint prompted Sarnia officials on Friday to pick up a
dog, which they were told fathered two puppies already being held at
the Sarnia and District Humane Society.

All three dogs are boxer mixes, according to one owner Korinn
Seabrook. However, city animal control officers say they are
Staffordshire bull terriers and are illegal.

Sarnia is well on its way to topping the list of being known for most dog unfriendly city. Way to hurl Sarnia!

ANIMALS: Two dogs to be euthanzied this week

Posted By CATHY DOBSON, THE OBSERVER

If Maddi and Carter lived in St. Clair Township they probably wouldn't be on death row.

But they live in Sarnia where animal control officers say they
resemble Staff ordshire bull terriers or pitbulls and are illegal.

Both 11-month-old pups are scheduled to be euthanized this week unless their owners can prove they aren't a banned breed.

Sarnia is only following provincial legislation that binds the municipality, says Mayor Mike Bradley.

“We didn't ask for it but we have to deal with it,” he said.
“The city doesn't agree with banning by breed and I've been opposed to
it since day one. But we are doing what the provincial law requires.”

The 2005 Ontario Dog Owners Liability Act says any
Staffordshire bull terriers, American Staff ordshire terriers, American
pit bull terriers and any dog that looks “substantially similar” is
illegal.

In Sarnia, animal control offi- cers don't require a complaint
to pick up a dog they believe is banned. If the officer deems it a
pitbull, the onus is on the owner to prove otherwise.

Here is the original article from this week.

Suspected pitbulls on death row

CATHY DOBSON The Observer September 2, 2009

Korinn Seabrook and Sonya Pimentel are desperate to stop Sarnia
from euthanizing their puppies, but neither is optimistic they can be
saved.

The women, who are friends, each adopted an 11-month-old dog they believe are boxer mixes from a mutual friend.

“Both the mom and the dad are boxer mix. My friend has the papers to prove it,” said Seabrook.

But Sarnia animal control officers say the puppies look like
Staffordshire bull terriers, a breed that’s been illegal to own in
Ontario since legislation was passed in 2005 to ban so-called pitbulls.

Seabrook’s dog Maddi went missing Sunday night near her home on
Michigan Avenue. She believes the 30-pound pup escaped through a hole
in the screen door.

“I stayed up all night looking for her,” she said. In the
morning, she discovered Maddi at the Sarnia and District Humane
Society.

In the media ruckus about the mastermind behind this bull**** legislation, I didn't post this case.

How was this determination of breed made? It is impossible to determine proof of breed makeup in mixed breed dogs. Only the breeds of pure bred, registered dogs are identifiable without doubt. 

Under the Dog Owners Liability
Act , the city of Sarnia does not have the right
to seize ownership of ANY
dog. It only has the right to lay charges under the
Act .

In the recent case
of a Mr Philip Huggins, the city of Toronto found itself in a
rather
unenviable position of being in violation of DOLA regulations.

In
this case as with Mr Huggins, the dogs pose no immediate threat to
the
public, the owners did not relinquish the dogs nor did the owners at any
time
refuse to meet certain criteria for ensuring that these dog's would be
properly
contained.

I ask the Honourable Mayor and Councillors
of the City of Sarnia to step in and
stay the order for the death of these
puppies.

mayor @ sarnia.ca
d.boushy @ cogeco.ca
andybruziewicz @
hotmail,com
terry @ terryburell.ca
jimfoubister @
sarnia.ca
annemariegillis @ sarnia.ca
mike @
mikekelch.com
bevmacdougall @ ebtech.net
jonmceachran @
hotmail.com

Mayor Mike Bradley

City/County Councillor Dave
Boushy

City Councillor Andy Bruziewicz

City Councillor Terry
Burrell

City/County Councillor Jim Foubister

City/County
Councillor Anne Marie Gillis

City Councillor Mike
Kelch

City/County Councillor Bev MacDougall

City Councillor Jon
McEachran

The opening page of the Navigator Ltd. website states:

They are upfront about what it is they do.

Robin Sears – Senior Partner

From their webpage “What we do”

For example, the press release for Bryant's resignation was released by Dan Robertson at Navigator Ltd. Called a “leak” it delivers the message that Bryant quit his job (which he loved) and of course the REAL message they want to put in your thoughts is that; (he claims he is innocent of the very serious accusations made against him).

In an excerpt from an article by Rick Salutin (Globe and Mail) called “The problem with PR: let's speak for ourselves”:

But there's one element that irritates me severely. It's the presence,
since very early, of a public-relations firm aiding Mr. Bryant. Globe
reporter Timothy Appleby says he was told outside the jail that morning
that a PR firm was involved. Even Sherman McCoy didn't use his second
call to phone a publicist. Tim says he doesn't know whether the company
was already engaged for another reason, but they were apparently on Mr.
Bryant's case.

The firm turned out to be Navigator Ltd., which acted for Brian Mulroney during the Karlheinz Schreiber operetta. This muddies everything that follows.

For instance, immediately on release, Mr. Bryant expressed
condolences to Mr. Sheppard's family. As Susan Reisler of Media
Profile, another PR firm, told the Toronto Star: “It's appropriate to
apologize. It's not admission to anything …” This is stock PR wisdom in
crisis management. You get out there fast with your top person and
express regret.

Salutin makes a comment in another article in the National Post:

I'll leave you with some pondering fodder. The Toronto Star had a decent article entitled “Spinning the first week of Michael Bryant's new life.” Here is an excerpt:

It's a reasonable bet you, too, Toronto Star readers, have
an opinion. But is it, you might ask, your own? Definitely not, says a
veteran Toronto criminal lawyer, loath to have his name published.
“Look, the headline on this story should be: `Navigator, changing your
perceptions without you even knowing it.'”

He refers, of course,
to Navigator Limited, the smooth public relations firm hired by Bryant
(when exactly is unclear) to massage the message. He's said to be close
to Navigator chair Jaime Watt, touted for knowing everybody in Canadian
power circles. Senior partner Robin Sears most recently was
spokesperson for Brian Mulroney during the parliamentary investigation
into his dealings with deported German arms dealer Karlheinz Schreiber.

and continuing…

Experienced legal and political hands see Navigator's fingerprints
all over public opinion. Shortly after a noon strategy meeting
yesterday that apparently drew together Navigator staffers and Bryant's
criminal defence lawyer, highly regarded Marie Henein, Sears
acknowledged a reporter's remark that things seemed to be going well
for them.

“I'm glad you agree,” he said. “We're working hard to ensure that it does. A big part of that is us staying out of the story.”

I realize I am bias in my opinion of who Michael Bryant is as a person, a politician or a business man. Articulate, inspiring, showman and dynamic are NOT on my list of descriptive words for Bryant. I felt as though I wanted to throw up when I read the warm and fuzzy article in the Star September 2nd; hot on the heels of Sheppard's death.  I guess that was another one of Navigator's releases to try to rock the public into thinking there is a “softer” side or somehow portray he can't be the sociopath many suspect. 

“Collateral damage” is what Bryant does best. I can attest to this!

I can't help but think that somehow Bryant made a tragic choice and there very well may have been tragic choices made on both sides of the coin. What I know for sure is; it is utterly disgusting and vile to think that a public campaign to paint a “rosy” picture may influence the outcome of this tragedy.